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HomeMy WebLinkAbout11/06/1991 (2) Minutes of a Regular Meeting November 6, 1991 Town of Los Altos Hills City Council Meeting Wednesday, November 6, 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL,AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les Jones, II; City Attorney Sandy Sloan; Director of Public Works Bill Ekern and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Jones reported that the following actions took place at the October 23rd Planning Commission Meeting: 1) Lands of Taaffe - request for a site development permit for a new residence approved; 2) Lands of Forward - request for a variance to the fence height/setback requirments of the Zoning Code - denied and sent to Council for review; 3) Lands of Becker - request for a site development permit for a new residence and swimming pool - continued; 4) Lands of Oshima - amendment to the subdivision conditions for Lot B to include a one story limitation on the residence - recommendation to Council that amendment be clarified that the structure should not be a single story; and 5) recommended to Council that pools be fenced for safety purposes. 4. CONSENT CALENDAR Items Removed: 4.2 (Casey) and 4.3 (Tryon) November 6, 1991 Regular Meeting 1 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by `. Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Warrants: $95,379.15 (10/15/91) $282,204.58 (10/31/91) $ 46,517.91 (11/1/91) 4.4 Acceptance of Improvements, Lands of Zappettini, Tract 7975, -- Reso #56-91 4.5 Volunteer Awards Luncheon - December 6 -- Authorization for payment of costs for staff to attend ( $15 per person) 4.6 Notice of Completion, 1991 Pavement Management Road Repairs, California Pavement Maintenance, Inc. -- Reso #57-91 Items Removed: 4.2 Approval of Contract for Consulting Services with Watertechnics for Computer Software —Reso # ` Council questioned the applications of the proposed contract before them for computer services. Were there other bids and could time be bought from somewhere else. The Director of Public Works responded that he had contacted other cities and discussed what they were doing. It was important to have a system at Town Hall that people could readily use and this contract provided for such a system. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tyron and passed unanimously to adopt Resolution #58-91 approving a contract with Watertechnics for computer software. 4.3 Approval of Proposal for Landscape Architectural Services for the Streetscape Design of Fremont Road from St. Francis Road to Town Hall and Authorization to Enter into a Contract with Wolfe-Mason Associates - Reso # Council had before them the recommendation from the Director of Public Works that a contract be approved with Wolfe-Mason Associates for the development of a landscape planting plan along November 6, 1991 Regular Meeting 2 kir Fremont Road for an amount not to exceed $7,000. Council requested additional budget information, commented that a consultant was not needed and that committees could help with the project. No action was taken on this matter. 5. PRESENTATIONS FROM THE FLOOR Dr. Howard Martin, 11666 Dawson Drive, addressed the issue of fire safety and believed Los Altos Hills should take the lead. The Council had had experience with fire safety and had enough knowledge to make a real difference. He suggested a one-day seminar to hold a roundtable discussion of such issues as what can be done about landscaping and width of streets to allow for fire equipment. Dr. Martin distributed a handout on fire-safe roofing materials. 6. PUBLIC HEARINGS 6.1 Request for Approval of a Conditional Exception and Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Merrill, 25355 La Loma Drive ` (Applicant has requested continuation of this public hearing to the \I► City Council Meeting on November 20, 1991) 6.2 Amendment to the Subdivision Conditions for Lot B to include a One Story Limitation on the Residence, Lands of Oshima, 25891 Fremont Road Mr. Michael Meyer, 26007 Torello Lane, stated that when they had agreed to the Oshima subdivision they had understood that it would be a one story house. He further commented that a two story house would have a terrible impact on the privacy of their home. Mrs. Carol Meyer, 26007 Torello Lane, noted that the difference with this lot was that there were two different owners - Mr. and Mrs. Oshima and the future owner of the lot. She believed when the Oshimas sold the lot they would not care what was built and it had been their understanding that it would be one story. In the case of the Oshima's other lot which was sold to the Fongs, that involved a third party, the Fongs, who were innocent purchasers of the property. November 6, 1991 Regular Meeting 3 Mr. Eric Ingman 25885 West Fremont and Mrs. Ma, 26011 Torello Lane, `, supported the Meyers comments for a one story house on the Oshima lot. Casey commented that she had asked that this issue be agendized. When the Oshima subdivision had come before Council she was on the Council and while she did not believe two story houses were out of character for the Town, she did believe that the neighbors thought there was going to be a one story house on the Oshima property. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously to direct the City Attorney to prepare a resolution amending the subdivision conditions for Lot B of Lands of Oshima to include a one story, 23' height limit on the residence. 6.3 Request for a Site Development Permit for a New Residence, Lands of Mooring, 13791 La Paloma Road The Director of Public Works referred to his 11/6/91 staff report which included two conflicting recommendations. The Planning Commission recommended approval and the staff recommended denial based on the applicant's nonconformance with Council's direction from the 9/18/91 City Council Meeting (to encourage the applicant to redesign the project for a 24' single story house sited 100' from center line. Mr. David Mooring, applicant, stated that he had been working with staff and he found the one-story issue surprising. He believed he had been advised by Council to do certain things, but not directed to do them. He would not have purchased the property had he known he could not have a two-story house. He explained his development plans for the lot, referred to other two story houses in the neighborhood and did not believe his proposed house was bulky or massive. Mark Sandoval, Mr.Mooring's project designer, noted that the property presently had a small house on it and the neighbors had enjoyed almost an empty lot for a long time. He believed it was unfair that they were now dictating what development could take place on the lot. Their project was well within the maximum development area hir November 6, 1991 Regular Meeting 4 %or and maximum floor area allowed for the lot and Mr. Mooring wanted to preserve open space. The proposed two story house took up less room on the property than a one story would. Mr. Sandoval inquired whether homes were to be designed by public opinion or by ordinances. Ida Mae Hoover, 13820 La Paloma, stated that she had understood that Mr. Mooring was to redesign for a one story house and she did not understand why this could not be enforced. John Glathe, 13801 La Paloma, agreed with Mrs. Hoover that he understood it was to be a one story house. He did not understand why everything was being pushed to the maximum on this lot; no one seemed to have discussed the possibility of a smaller house nor had there appeared to be any compromise. He enjoyed the open space of the area. In response to a question from Casey on what he was objecting to as the house did not appear to be a two story house in her opinion, Mr. Glathe said that the shape of the lot had a lot to do with it - it was long and narrow. Mr. Mooring, applicant, commented that there were no windows on Mr. Glathe's side of the house thus protecting his privacy. ` Tryon stated that she did not think the design before them was appropriate for the site. The Council had been quite clear to the applicant at the September 18, 1991 Council Meeting on this subject and the applicant had not redesigned his plans. Tryon noted that no one automatically received the maximum allowed floor and development area for a piece of property. There were several factors to take into consideration such as siting, scenic corridor, etc. This project would drastically affect the La Paloma Basin and should be redesigned to become less obtrusive. Casey stated that the applicant had already done a lot to modify his plans including moving the house back 100' from the road. The applicant had been through site analysis, had worked with staff and had provided for mitigating measures. It was not possible to please everyone. Casey further asked other Councilmembers whether it was the design of the proposed house they objected to or whether it was the fact that it was two stories. She believed that if Council was going to make the La Paloma area one story they should do it for all. As it was it was November 6, 1991 Regular Meeting 5 not fair to the applicant and was not good government. Johnson did not believe that Mr. Mooring's photographs of other two story houses in the area were valid. They were not in the La Paloma Basin. Johnson also stated that he was surprised at the submittal of a two- story house by the applicant. The direction to Mr. Mooring had been clear to keep the La Paloma area low lying. Hubbard stated that the Town's General Plan addressed the issue of characters of neighborhoods and the proposed house before them would change the entire character of the La Paloma area. Siegel concurred that this proposed house would change the character of the La Paloma Basin. Mr. David Mooring, applicant, stated that if the Council believed the houses on La Paloma should be one story they should consider rezoning the La Paloma Basin. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to deny the request for a site development permit for a new residence for Lands of Mooring, 13791 La Paloma Road without prejudice based on the findings made in the Director of Public Works' staff report dated `, 11/6/91 and on file at Town Hall; to state that if the applicant resubmits within six months the application will come directly back to the City Council for a decision and to request the applicant to work with staff on design alternatives. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey 6.4 Appeal of Planning Commission's Approval of a Site Development Permit for a New Residence, Tennis Court and Swimming Pool, Lands of Ben-Artzi, 27800 Via Feliz Mr. Ben-Artzi, applicant, commented that for a long time he and his family had wanted to live in Los Altos Hills and they were trying to build their dream house. They had worked with the staff to comply with the codes, had modified their plans seven times, and had planned to remove many of the large eucalyptus trees as they were November 6, 1991 Regular Meeting 6 `r dangerous and dying and planned to replace them with oaks. He did note that they had the unanimous support of the Planning Commission and the support of several neighbors. They had three children to get into school next year and he requested Council support of their application. Bob Owen, applicant's developer, stated that they had worked with staff, gone through site analysis, redesigned the house seven times, planned to use landscaping as a mitigation measure, use fire retardant roofing and bury the basement so that it would not be seen when the house was built. He believed that the house was not oversized and was under the maximum floor area allowed. Peter Shaw, applicant's landscape architect, stated that their goal was to preserve the natural scenic quality and character of the property. He further explained their proposed use of oak trees with fifteen large oaks to be planted and ten transplants to be done. While he acknowledged that oak trees took care, he noted that larger oak trees grew faster quicker and he could guarantee that the trees would do well. June Dean, 27677 Lupine, stated that she was adjacent to the property and believed the proposed house would have a significant impact on her privacy. It looked like a three story house on a hilltop if not a ridge and would affect the aesthetics and property values of the area. Sharyn Adkisson, 27673 Lupine, also stated that she was against the project. It was a three story house on a hilltop and several of the neighbors were not in favor of the project. She also thought it was ridiculous that the house was proposed to be built to maximum limits of development. Young Kim, 27830 Via Felice, liked the country style of living in the Town and did not want a large house built on the hill. It would invade his privacy and he did not believe the trees were going to grow as fast as the landscape architect indicated they would. Regarding the trees he also believed there should be a second report. The landscape architect had been hired by the applicant and he believed the report was somewhat biased. Mr. Kim also noted that he was surprised that with so many of the neighbors against this project, all the Planning Commission did was recommend lowering the house two feet. November 6, 1991 Regular Meeting 7 Jan Fenwick, 28011 Elena, noted that she had signed the original petition in favor of this project but they had reconsidered. They too lived in a ridgeline house but they also had forty seven acres. She believed that the proposed Ben-Artzi house was too large for the site. Mrs. Fenwick stated that she thought there were too many boxlike structures being approved and sensitive ridgeline development was not being done. She also noted from personal experience on her property that it was difficult to depend on trees for mitigation. One had to deal with gophers, the drought and the freeze and the process was time consuming and expensive. She suggested that the Council consider a three to five acre minimum to allow for the large homes which everyone seemed to want at this time. Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, noted that she had two major concerns. First of all there was the philosophical problem that basement areas were not counted in the total floor area according to the Town's Code and she believed the maximum floor area and development area for this project should be reconsidered. Secondly, her property looked right down on this project and although it was presently screened by trees when the house was built, if approved, she would be looking at a full length window, patio area and retaining wall. She believed this was a very visible hilltop and the landscaping would take a very long time to grow. Tryon stated that there were sections of the proposed house which had three stories. This was not appropriate for the site and she believed it was important that the house be redesigned. She was willing to meet with Mr. Owen, a major developer in the Town, to discuss goals of the Town regarding development. Johnson stated that he was disappointed that the developer had not provided a photo montage of the project. He further stated that this was a house on a ridgeline and should be one story. Siegel concurred that the house did not fit the site and suggested more aids be provided to understand what exactly was being proposed for a development on a property. He recommended Carmel as a good example of a city requiring good project aids. Hubbard referenced compliance with the Town's Codes and site development authority saying that the proposed house did not follow natural contours of site, use of single stories on ridgelines and the goal of achieving unobtrusiveness on ridgelines. Casey commented that there were other two stories in the neighborhood and people were not building houses like they November 6, 1991 Regular Meeting 8 w used to. She did not believe the process was working. People were going through site analysis, working with staff, not building to maximums, getting approved at Planning Commission and then getting additionally delayed. Casey stated that she did not think it was right to put people through this and something was wrong if this house was not approved. Mr. Ben-Artzi and Mr. Owen commented that they had worked with staff and the Planning Commission, had followed directions and had spent a lot of time and money on this project. Siegel questioned how the Planning Commission could approve this project and also believed that staff should consistently give recommendations on projects. Planning Commissioner Jones stated that the Commission did not think it was a great project but was acceptable. PASSED BY CONSENSUS: To direct the planning staff to provide independent recommendations on projects to the Council. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to deny the request for approval of a site development permit for a new residence, tennis court and swimming pool for Lands of Ben-Artzi, 27800 Via Feliz without prejudice. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey 7. UNFINISHED BUSINESS 7.1 Design Approval for Fencing of Byrne Preserve This item had been continued from the October 16th Council Meeting. The three options which had been discussed at that time were: three rail post and rail; barb wire or two rail with wire mesh. November 6, 1991 Regular Meeting 9 Bob Hall, 12140 Foothill Lane, first commented that he believed the meetings would be more productive if lengthy planning issues were discussed separately. Mr. Hall then explained various costs involved in the different types of fencing available. He also stated that maintenance was the key to any fence; a good tight fence was necessary. Hubbard expressed his concerns about barb wire. Casey stated that she was concerned about spending the money for a new fence when there were a lot of other things to spend the money on. She supported repairing the fence in place. Tryon noted that it had been ten years since money had been spent on Byrne Preserve and she believed a new fence should be built of post and rail. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to repair the present fence at Byrne Preserve as it is with barb wire, adding walkthroughs and gates and replacing posts. AYES: Councilmembers Casey, Johnson and Siegel `,. NOES: Mayor Hubbard and Mayor Pro Tern Tryon Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented on costs and materials of pedestrian and emergency vehicle gates. Sharyn Adkisson, 27673 Lupine Road, did not support barb wire nor did she think it was adequate to repair the existing fence. Dave Scholl, 26085 Taffe, and Bill Eng, Foothill Lane, supported Casey and believed the Town should spend money on other things. He also believed certain types of fencing would block the views. 7.2 Discussion of Amendment to the Zoning Ordinance to allow for encroachment of eaves and similar structures into the setback PASSED BY CONSENSUS: To direct staff to prepare an ordinance to allow for the encroachment of eaves and to continue this item and the item of front yard setbacks to the next meeting. November 6, 1991 Regular Meeting 10 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by f`. Tryon and passed unanimously to go past the 11:30 p.m. hour of adjournment. 8. NEW BUSINESS 8.1 Request from Dr. Hau for Determination of Whether Appeal Costs Charged To Him Are Appropriate Dr. Hau, applicant, stated that he was pleased that his application had been approved but still believed the injustice was done. He did not believe the appeal filed against his application was legal and also believed he was entitled to ask questions of the Town and not have to pay the Town attorney's charges. He did not believe the appeal procedure was clearly stated. Dr. Hau also questioned bills he had received from Wilsey and Ham. They had charged 41 hours for a two page report and he questioned the validity of these charges. The City Attorney explained the charges from her office which included fifteen hours of work, attendance at a three hour meeting at the request of Dr. Hau's attorney and reponses to seven letters from Dr. Hau's attorney. Wendell Roscoe, Dr. Hau's developer, presented a brief background on their application, input they received from the Planning Department and the appeal filed. Johnson noted that there was an appeal policy now but there was not one in place at the time of the appeal filed against Dr. Hau. He believed that anyone who causes work to be done at the Town should pay for it but also noted that the policy was not previously clear. Johnson recommended splitting the $2,051.44 charge under discussion. Casey believed the Town should pay for it. It had not been a simple and clear appeal and Dr. Hau had had to hire an attorney to figure it out. Since then the appeal policy has been reviewed. She further suggested that staff work with Dr. Hau regarding his questions over the Wilsey and Ham bill. Hubbard commented that when an initial inquiry regarding appeal procedures was made that person should not be charged but when a dispute was entered into they should be charged. He further commented on the recent clarification of the appeal policy. November 6, 1991 Regular Meeting 11 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to credit $2,051.44 to Dr. Hau's account. AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel NOES: Mayor Pro Tern Tryon 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES 9.1 Town Logo Subcommittee Report -- Request for Council action Council had before them the report prepared by the Town Logo Subcommittee (Johnson and Tryon). This report included the notation that the advertising agency, PRX, had agreed to perform further design work on the Town Logo at no extra cost to the Town with the object of producing logo samples. Two samples were presented to Council for approval. In addition PRX had submitted four estimates for four products for Council to choose from. The products included a stationery design package; a stationery design package and a basic order of supplies which included full production supervision and quality control by PRX; design and production services for a Town logo lapel pin; and design and production of a two-pocket presentation folder. Council discussed the appropriateness of such a logo, use of colors, quality of paper and expenses involved. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to authorize staff to meet with PRX and to proceed with the product design for product #1 ata cost of$1,645 AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: None ABSTAIN: Councilmember Casey MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to state approval of sample A of proposed Town Logo. November 6, 1991 Regular Meeting 12 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to authorize the staff to proceed with product number two at a cost of $4,803, if in the judgment of staff this is the best way to proceed. 10. STAFF REPORTS 10.1 City Manager 10.1.1 The City Manager reported that the new Town Planner, Linda Niles, would be starting her employment with the Town on December 9th. 10.2 City Attorney 10.3 City Clerk 11. COUNCIL-INITIATED ITEMS 11.1 Rebuilding/Building Out Sub-committee -- Discussion of potential methods to address issues of neighborhood compatibility and impact of ongoing "rebuilding and building-out" (pending from prior sub-committee) (Mayor Pro Tem Tryon) PASSED BY CONSENSUS: To continue this item to the next meeting. 11.2 Reconsideration of Speed Survey -- request to decrease speed limits on Robleda and Concepcion from 30 to 25 mph (Mayor Pro Tem Tryon) PASSED BY CONSENSUS: To continue this item for a staff report and information on the accidents reported at this location. Tryon stated she would provide a copy of a resolution from Palo Alto showing findings needed to make such a change. 11.3 Three Story Residential Development -- discussion of potential ordinance amendment clarifying "backfill" and "35" lowest to highest provisions" to address three story facades (Mayor Pro Tern Tryon) PASSED BY CONSENSUS: To continue this item and to request staff to prepare a staff report on the subject. November 6, 1991 Regular Meeting 13 11.4 Discussion on Conducting the Second Los Altos Hills Community 41/ Survey (Councilmember Casey) Casey noted that the last survey was done in 1988 and she believed it was important to find out how the residents thought about significant issues in the Town such as size of homes and overlay zoning. She believed the questions would basically be the same but it would not be as expensive this time. Casey also reiterated her belief that neighborhood meetings would be most beneficial. Tryon stated that several surveys had been done over the years including a newsletter survey in 1984, a recycling survey in 1986 and a police services survey. Tryon also commented that in 1987 it was decided that the point of the survey would be the General Plan Update; however, this was not accomplished. A new survey could be done again through the newsletter. Hubbard raised the issue of the question of whether there should be maximums to sizes of homes in the Town. Johnson thought surveys were helpful but also very expensive and did not believe any survey should be done six months before an election. David Yewell, commented that surveys were not an event but a source of information. 41/ 11.5 Discussion of Fire Retardant Roofs (Councilmember Siegel) Siegel suggested holding a public hearing on January 15th to discuss the subject of requiring fire retardant roofs on all new structures and submitting this proposal to the voters at the June 2 election. It was agreed that the City Attorney would provide a timetable of what actions could be taken regarding the repeal of the fire retardant roofing ordiance for the November 19, 1991 Special Council Meeting scheduled to discuss what the Town could learn from the Oakland fire. 11.6 Discussion of Yard Waste Program Costs (Councilmember Johnson) Johnson referred to his report dated 10/25/91 which raised the issue of the cost of the yard waste program compared to the number of residents using it and the consideration that the program was being subsidized by a large number of the residents. Johnson believed this program cost a lot of money and Council should discuss if the program should remain in place. November 6, 1991 Regular Meeting 14 A. Richard Jones, 12660 La Cresta Drive, questioned the arguments raised in Johnson's report and made three specific points. First, any government function which is not a user fee function involves a cross subsidy; second when you are talking about these cross subsidies it is better to consider how much the subsidizers each spend instead of how much the subsidizees each get; and third Mr. Jones stated he was happy to spend as much as he spends on this. He did not think it was a lot of money PASSED BY CONSENSUS: To continue this item to the November 20, 1991 Council Meeting. 11.7 Report on tour of Eastbay Fire Area and Disaster Assistance Center (Mayor Pro Tem Tryon) Tryon reported that she had taken a tour of the Eastbay Fire Area and it was truly devastating. It was a canyon with one lane roads. In comparison of topography and development patterns the area was quite different from the Town's and the Town had done a lot to be proud of in regards to fire safety. 11.8 Cupertino Election - Press Conference Casey reported that recently reelected Cupertino Councilmember Barbara Koppel planned to hold a press conference on the issue of nasty campaigns and what could be done to address this issue. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 12:55 a.m. Patricia Dowd City Clerk The minutes of the November 6, 1991 Regular City Council Meeting were approved at the December 18, 1991 Regular City Council Meeting. November 6, 1991 Regular Meeting 15